09 December 2022
Sir, I would like to clarify some regarding GSTR 9C .Whether Late Fee and Penalty will be applicable even though GSTR 9 has been filed within due date and 9C filed after Due date while the Turnover exceeds Rs.5 Crore ?
07 July 2024
Late fee and penalty for GSTR 9C in relation to GST filings are applicable under specific circumstances. Here’s how it generally works:
1. **Late Fee for GSTR 9C:** - If GSTR 9C (Reconciliation statement) is filed after the due date, late fee provisions may apply. Late fee for GSTR 9C is Rs. 200 per day (Rs. 100 under CGST and Rs. 100 under SGST) during the period of delay, subject to a maximum of 0.25% of the taxpayer's turnover in the respective state/UT.
2. **Penalty for GSTR 9C:** - Penalties are typically imposed for significant non-compliance or offenses under GST laws. For late filing of GSTR 9C without reasonable cause, penalties may be levied as per the GST laws.
3. **Filing GSTR 9 vs GSTR 9C:** - GSTR 9 (Annual Return) and GSTR 9C (Reconciliation Statement) are separate filings with different due dates. Late filing of GSTR 9C after its due date can attract late fees and penalties if applicable.
4. **Turnover Criteria:** - The turnover exceeding Rs. 5 crore is a threshold for mandatory audit under GST. However, the requirement for GSTR 9C is not directly linked to the turnover but to the requirement of GST audit.
### Conclusion: If GSTR 9 has been filed within the due date but GSTR 9C is filed after the due date and turnover exceeds Rs. 5 crore, late fees and penalties may apply for the late filing of GSTR 9C. It’s crucial to adhere to the due dates for both filings to avoid such penalties and late fees under GST regulations.
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